Dismissed

Ganesh Hanumant Ghuge v. the State of Maharashtra

Bombay HC25 Apr 2016APPA/544/2016

Case brief

AI extract

What is this about?

The High Court of Bombay Criminal Appellate Jurisdiction rejected an application for temporary bail from a convicted appellant. However, directing police escort for the applicant to attend his elder brother's scheduled wedding.

What did the court decide?

Prayer for temporary bail dismissed. Court directed police escort to attend brother's marriage on 27.04.2016 with return to custody by 3.00 p.m., cost borne by applicant.

Ganesh Hanumant Ghuge Vs the State of Maharashtra — Bail and Remand | Bombay HC (2016)

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10_appa_544_2016 in apeal_425_13.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.544 OF 2016 IN

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CRIMINAL APPEAL NO.425 OF 2013

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Ganesh Hanumant Ghuge

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...Applicant

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Versus

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The State of Maharashtra

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...Respondent

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Mr. D.G. Khamkar for the Applicant. Mr. H.J. Dedia, APP for the Respondent-State.

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CORAM: SMT. V.K. TAHILRAMANI &

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SMT. ANUJA PRABHUDESSAI, JJ.

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DATED : 25th APRIL, 2016.

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P.C.:-

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Heard both sides. The Applicant is seeking temporary bail on the ground that marriage of his elder brother is to take place on 27.4.2016 at 12.24 p.m. at 'Ghatule Mangal Karyalay', which is situated on Mohol-Kurul road, Taluka- Mohol, District Solapur.

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The Applicant has been convicted for the offence punishable under section 302 r/w. 34 of the IPC, which pertains to C.R. No.100 of 2008 of Kurduwadi Police Station. The learned APP

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has produced the report of P.I. of Kurduwadi Police Station. The said report is taken on record and marked 'x' for identification. In

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Megha

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1/3

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10_appa_544_2016 in apeal_425_13.doc

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the said report the P.I. of Kurduwadi Police station has objected to the grant of temporary bail mainly on the ground that on 1.3.2015 when the Applicant was released on parole, the Applicant alongwith his three associates committed an offence under sections 363, 364 (A), 394 and other sections of the IPC. The said C.R. is numbered as C.R. No.65 of 2015 at Foujdar Chawdi Police station, District Solapur. Moreover the report shows that the wife, parents and other relations of the Applicant are not willing to give assurance that if the Applicant is released on bail, he will report back to the prison.

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Looking to all the above facts, the prayer for grant of temporary bail to the Applicant is rejected. However, the police report shows that indeed the marriage of Shivaji Hanumant Ghuge i.e. brother of the Applicant is to take place on 27.4.2016 at 12.24 p.m. at 'Ghatule Mangal Karyalay', Mohol. In this view of the matter though we are not inclined to grant temporary bail to the Applicant, we direct that the Applicant be taken under police escort on 27.4.2016 to “Ghatule Mangal Karyalay', Mohol, in order to attend the marriage. The escorting party will ensure that the Applicant reaches 'Ghatule Mangal Karyalay', Mohol at 10.30 a.m. The escorting party will leave with the Applicant from 'Ghatule Mangal Karyalay', Mohol at 3.00 p.m. However, it is made clear that the cost of the escorting party will be borne by the Applicant.

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Megha

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2/3

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10_appa_544_2016 in apeal_425_13.doc

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The application is disposed of in above terms.

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(SMT. ANUJA PRABHUDESSAI,J.) (SMT. V.K. TAHILRAMANI,J.)

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Megha

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Ganesh Hanumant Ghuge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ganesh Hanumant Ghuge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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